Tree Farmer - November/December 2009 - (Page 47)

Timberland Liability The litigious nature of society has increased timberland owners’ concern with the inherent liability attached to property ownership. A landowner incurs some risk any time someone is on their property. Common law principles provide the legal parameters associated with the rights and duties of landowners. Under common law the degree of care required by a landowner is dependent on the classification of a person on your property: 1) trespasser: a person who is uninvited and has no right to be there. A landowner has the least responsibility to a trespasser but common law still holds some liability for injuries resulting from gross negligence and willful misconduct. 2) licensee: A licensee enters the property with the landowner’s permission but no fee is exchanged. Common law looks for some duty to warn the person of any hidden dangers on the property. 3) invitee: An invitee enters the land to the benefit of the landowner and a consideration is present for access to the property (examplehunting leases). Common law looks for additional duties on part of the landowner and establishes that the landowner should inspect the property, remove hidden dangers, and warn the user of dangers. 4) An attractive nuisance: highest degree of care and usually involves children and a feature of the property attractive to children. tional protection afforded to them under the Recreational Use Statute. Under this statute, the landowner owes no duty of care to keep the premises safe for entry or use by persons who have sought and obtained permission to use the land for recreational purposes or to give any warnings of dangerous conditions. The liability by this statute is not limited for willful or gross negligence and the protection from this statute is lost if a fee is charged. A few states have broadened this recreational use statute to allow some fees for leases while still providing protection to the landowner. Are you at risk? Risk Management Techniques 1) Remove known hazards and make guests aware of boundaries and other hazardous conditions. 2) Develop written releases for people that use the property for recreational purposes. 3) Establish written rules for specific activities conducted on your land. 4) Obtain liability insurance for your ownership or lease interest which can be coverage with your homeowner’s policy, as an addition to your business owner’s policy, or separately under an Owner Timberland policy. additional exposure from a hunting lease arrangement a landowner should: 1) Understand common law responsibilities-the landowner should inspect the property, remove hidden dangers, and warn the user of dangers. 2) Establish a formal lease with the club that provides written notification of hazardous situations and includes a property map that details boundaries, hazardous conditions, gates or bridges. 3) Develop written rules with the club that sets up regulations governing the operation of the club on the property. 4) Have guests and club members sign a written release. 5) Require hunting clubs to obtain liability insurance that lists the landowner as an additional insured landowner. Conclusions While liability concerns are valid they should not limit property access or recreational use. Landowners can employ some simple risk management techniques that limit their exposure to lawsuits and still provide ample recreational opportunities to others. Some consideration should be given to changing the recreational use statute to provide some additional protection for landowners that charge a nominal fee for hunting purposes. Outdoor Underwriters is a member of AFF’s Partners in Sustainable Forestry program. Hunting Leases In South Carolina (as in several other states), if a landowner charges a fee for a hunting lease they lose the protection offered through the recreational use statute. To limit any Recreational Use Statute Landowners in most states have addi- Tree Farmer NOVEMBER/DECEMBER 2009

Table of Contents for the Digital Edition of Tree Farmer - November/December 2009

Tree Farmer - November/December 2009
Contents
Safety 101: Using Small Woodlot Equipment
Buyer’s Guide & Resource Directory
Consulting Foresters & Managers
Associations
Fertilizers, Herbicides & Repellents
Forest Appraisal, Analysis & Management
Forest Measuring Instruments & Software
Insurance
Resources
Land Sales
Seeds & Seedlings
Real Estate Brokers
Timber Buyers & Loggers
Supplies, Gifts & Apparel
Timber Pricing Services
Tax Advice & Timber Taxes
Tools & Equipment
Tree Paint & Markers
Tree Protectors & Shelters
Wood Manufacturers
Agencies
Associations & Organizations
Tree Farm State Contacts
Grant, Loan & Cost-Share Programs
Cooperative, State Research, Education & Extension Services
State Foresters
Make Your Home and Forest Fire Resistant
Taxing Issues
Ties to the Land
A Safe Harbor for Two Threatened Species
Tools & Techniques
Timberland Liability - Are You at Risk?

Tree Farmer - November/December 2009